M/S M.A. Traders vs. State Of Uttar Pradesh And Another

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WTAX/5027/2025HC AllahabadGSTCNR UPHC01516016202525 September 20252 pages

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Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 5027 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE ARUN KUMAR, J. 1. Heard learned counsel for the parties and perused the record. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated 09.04.2024 (FY 2018- 19) passed by the respondent No.2/Deputy Commissioner, State Taxes, Sector-1, Sambhal, under Section 73 of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as "the Act"). 3. Factual matrix in the matter is that the petitioner's registration under the Act was cancelled on 14.09.2018. Subsequent to the same, no business was carried out by the petitioner. It appears that a show cause notice was uploaded on the GST portal and subsequent to the same, the order impugned was passed under Section 73 of the Act. 4. Once the registration has been cancelled, the petitioner is not obligated to check GST portal. The mode of service of any show cause notice has to be by way of alternative means to the petitioner. 5. Counsel appearing on behalf of the petitioner relies upon an order passed by the coordinate Bench of this Court in M/s Katyal Industries v. State of U.P. and others, Neutral Citation No.2024:AHC:23697-DB. We are essentially in agreement with the said principle enunciated by the coordinate

Bench in the said order.

6.

We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated 09.04.2024 (FY 2018-19) passed Versus Counsel for Petitioner(s) : Niraj Kumar Singh, Vishakha Kshatriya Counsel for Respondent(s) : C.S.C. M/S M.A. Traders .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s)

by the respondent No.2 is quashed and set aside. The department shall be at liberty to issue a proper notice to the petitioner and act in accordance with law.

7.

With the above direction, the writ petition is disposed of. September 26, 2025 Anil WTAX No. 5027 of 2025 2 (Arun Kumar,J.) (Shekhar B. Saraf,J.) ANIL KUMAR PATEL High Court of Judicature at Allahabad

Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.